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What it is

Proposal to repeal laws that limit the right to protest

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 29 September 2020. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill regarding the amendment of the Penal Code in matters of public order.

Follow this law

Source: Congreso de los Diputados, file 122/000089· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 4/2015 on Citizen Security, known as the citizen security law.
  2. It would also repeal the 2015 reform of the Criminal Code regarding the offenses of assault and disturbance of public order, that is, articles 550, 551, 554, 556, 557, 557 bis, 557 ter, 559 and 561.
  3. The bill would abolish the crime of sedition, found in articles 544 to 549 of the Criminal Code.
  4. The sponsoring lawmakers justify these changes as a way to protect the right to protest, which they see as a cornerstone of democracy.

Who it affects

  • People who take part in demonstrations and protests: They could no longer be sanctioned under the citizen security law or charged with the public order offenses being repealed.
  • State security forces: They would lose the current legal framework for sanctioning conduct related to protest.
  • Judges and courts: They could no longer apply the crime of sedition or the 2015 definitions of assault and disturbance of public order.

Words worth knowing

Derogar (repeal)
To eliminate a law or part of it, so that it no longer applies.
Ley Orgánica (Organic Law)
A type of Spanish law reserved for major matters, such as fundamental rights, requiring a special vote in Congress.
Sedición (sedition)
A crime that punishes those who rise up violently or in tumult against public order or the Constitution.
Proposición de ley (bill by lawmakers)
A legislative proposal introduced by members of Congress, unlike bills introduced by the Government. It is still being processed, not approved.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is rejected.

  1. Introduced29 September 2020Someone registers the text in the Congreso.
  2. Admitted6 October 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Sept 2020Dec 202011. 29 September 2020: Presentación22. 6 October 2020: Boletín Oficial de las Cortes Generales Publicación desde 06/10/2020 hasta 09/10/202033. 6 October 2020: Calificación44. 9 October 2020: Gobierno Contestación desde 09/10/2020 hasta 18/11/202055. 18 November 2020: Pleno Toma en consideración desde 18/11/2020 hasta 23/03/202166. 23 March 2021: Concluido - (Rechazado) desde 23/03/2021 hasta 29/03/2021

23 March 2021

How did the plenary vote?

More votes against 64 yes · 276 no · 7 abst.

Voted on: Private member's bill of the Mixed Parliamentary Group, regarding the amendment of the Penal Code in matters of public order (Organic).

Source: Congreso de los Diputados, vote 2 of sitting 86· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Gcup-ec-gc and GPlu. Against, most of Socialista, Mixto, Ciudadanos, Popular en el Congreso and VOX. 3 deputies voted differently from their group.

By province: in 6 most voted in favour; in 45, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 6
  • Against: 45
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 against
Vasco (EAJ-PNV)6
6 abst.
Mixto10
2 in favour · 7 against · 1 abst.
Ciudadanos9
9 against
Gcup-ec-gc35
35 in favour
GPlu12
9 in favour · 3 did not vote
Popular en el Congreso88
88 against
VOX52
52 against

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error